Legislator Case Law & Legislation
II K 382/23 AI generated

Court imposes 10-month community service, 2-year driving ban, and fine for recidivist traffic violation.

Case Number II K 382/23
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The court convicted the defendant of driving while banned and sentenced him to ten months of community service, a two-year driving ban, and a monetary fine. The defendant argued he was unemployed and unable to work, but the court set the community service hours at the minimum to avoid conflict with his job search. The court also determined that a two-year ban was necessary because a shorter period would not add practical value given his existing restrictions.

Legislator headnote

AI generated

Art. 244 kk; Art. 180a kk: Recidivism under Art. 11 § 2 kk mandates a custodial sentence or community service; Art. 42 § 1a pkt 2 kk requires a driving ban for traffic offenses, with duration set at the minimum necessary to ensure practical effect.

Keywords

AI generated
recidivism sentencing community service hours driving ban duration monetary fine obligation procedural costs award traffic violation penalty recidivist punishment

Cited Legislation

AI generated
Art. 244 kk
Art. 180a kk
Art. 11 § 2 kk
Art. 11 § 3 kk
Art. 37a § 1 kk
Art. 34 § 1 kk
Art. 34 § 1a pkt 1 kk
Art. 35 § 1 kk
Art. 42 § 1a pkt 2 kk
Art. 43 § 1 kk
Art. 72 § 1 pkt 4 kk
Art. 34 § 3 kk
Art. 43a § 2 kk
Art. 627 kpk
AI generated

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